(1)
Purpose. The rules of professional
conduct constitute the standards against which the required professional
conduct of a psychologist is measured.

(2)
Scope. The rules of professional conduct
shall apply to the conduct of all license holders,
supervisees, and applicants, including the applicant's conduct during the
period of education, training, and employment that is required for licensure.
The term "psychologist," as used within these rules of professional conduct,
shall be interpreted accordingly, whenever psychological services are being
provided in any context.

(3)
Violations. A violation of the rules of professional conduct constitutes
unprofessional conduct and is sufficient reason for a reprimand, suspension or
revocation of a license, or denial of either original licensure or
reinstatement of licensure.

(4)
Aids to interpretation. Ethics codes and standards for providers promulgated by
the "American Psychological Association," the
"Association of State and Provincial Psychology Boards," and other
relevant professional groups shall be used as aids in resolving ambiguities
that may arise in the interpretation of the rules of professional conduct,
except that these rules of professional conduct shall prevail whenever any
conflict exists between these rules and any professional association
standard.

(5)
A
license holder, or an applicant for licensure,
shall provide a written response within a reasonable period of time not to
exceed sixty days to any written inquiry, regarding compliance with law or
rule, received from the board.

(1)
A license holder in a
professional psychological role, as that term is defined in paragraph (R) of
rule 4732-3-01 of the Administrative
Code shall be considered negligent if his/her behaviors toward his/her
clients, evaluees, supervisees, employees or
students, in the judgment of the board, clearly fall below the standards for
acceptable practice of psychology or school psychology.

(2)
Sexual
harassment. License holders shall not engage in sexual harassment. Sexual
harassment is sexual solicitation, physical advances, or verbal or nonverbal
conduct that is sexual in nature, that occurs in connection with the
psychologist's activities or roles as a psychologist, and that either (a) is
unwelcome, is offensive, or creates a hostile workplace or educational
environment, and the psychologist knows or is told this or (b) is sufficiently
severe or intense to be abusive to a reasonable person in the context. Sexual
harassment can consist of a single intense or severe act or of multiple
persistent or pervasive acts.

(3)
Misrepresentation
of qualifications. A license holder shall not
misrepresent directly or by implication his/her professional qualifications
such as education, specialized training, experience, or area(s) of
competence.

(4)
Misrepresentation of affiliations.
A license holder shall not misrepresent directly
or by implication his/her affiliations or the purposes or characteristics of
institutions and organizations with which the psychologist is associated.

(a)
A license holder
shall not claim either directly or by implication professional qualifications
that differ from actual qualifications, including use of a degree or title that
is not relevant to his/her psychological training or that is issued by an
educational institution not meeting accreditation standards, he/she shall not
misrepresent affiliation with any institution, organization, or individual, nor
lead others to assume he/she has affiliations that he/she does not have. A
psychologist or school psychologist is responsible for correcting a client or
public media who misrepresent his/her professional qualifications or
affiliations, if he/she has knowledge of this misrepresentation.

(b)
A
license holder shall not include false or
misleading information in public statements concerning psychological services
offered.

(c)
A license holder shall
not associate with or permit his/her name to be used in connection with any
services or products in such a way as to misrepresent them, the degree of
his/her responsibility for them, or the nature of his/her association with
them.

(5)
Solicitation of business by clients. A
license holder shall not request or authorize any
client to solicit business on behalf of the license holder.

(6)
Promotional
activities. A license holder associated
with the development, promotion, or sale of psychological devices, books, or
other products shall ensure that such devices, books, or products are not
misrepresented as to qualities, performance or results to be obtained from
their use.

(ix)
Authorizations, if any, by the client for release of records or information,.

(x)
Written documentation indicating that the client or
evaluee has provided informed consent for treatment or
evaluation,

(xi)
Justification and rationale for not releasing records
to a client in response to a valid request, including the reason for making a
determination for clearly stated treatment reasons that disclosure of the
requested records is likely to have an adverse effect on the client, and shall
comply with section (B) of division
3701.74 of the Revised
Code.

(xii)
Knowledge of all multiple relationships present, with
reasoning as to why it is in the best interest of the client and/or not harmful
to continue the professional relationship, and

(b)
To meet the requirements of these rules,
but not necessarily for other legal purposes, the license holder shall ensure that
all
contents in the professional record are maintained for
a period of not less than seven years after the last date of service
rendered, or not less than the length of time required by other regulations if
that is longer. A license holder shall retain records
documenting services rendered to minors for not less than two years after the
minor has reached the age of majority or for seven years after the last date of
service, whichever is longer.

(c)
A license holder
shall store and dispose of written, electronic, and other records of clients in
such a manner as to ensure their confidentiality. License holders
shall prepare in advance and
disseminate to an identifiable person a written plan to facilitate
appropriate transfer and to protect the confidentiality of records in the event
of the license holder's
withdrawal from positions or practice. Each license
holder shall report to the board on the biennial registration (renewal)
form the name, address, and telephone number of a license holder or other appropriate person
knowledgeable about the location of the written plan
for transfer and custody of records and responsibility for records in the
event of the licensee's absence, emergency or death. The written plan referenced in this rule shall be made
available to the board upon request.

(d)
In the event a complaint has been filed,
a license holder shall provide the original or a
full copy of the client file or other client-identifiable documents to the
board upon request, provided that the request is accompanied by a copy of a
release signed by the client.

(e)
License holders shall provide clients with reasonable
access to the record maintained. License holders shall be familiar with state
and federal laws and regulations relevant to client access to their records of
services, and shall limit clients' access to records only in exceptional
circumstances in which the license holder determines for clearly stated
treatment reasons that disclosure of the requested records is likely to have an
adverse effect on the client.

(f)
License holders
shall be aware of and adhere to divisions (H)(1) and (H)(2) of section
3109.051 of the Revised Code and
other relevant laws governing a divorced non-residential parent's rights to
access a license holder's records related to the parent's
child.

(1)
Conflicts
of interest. License holders actively identify, disclose, document, and
remedy conflicts of interest and potential conflicts of interest. License
holders actively clarify and document their role when providing or offering
psychological or school psychological services. Notwithstanding paragraph
(B)(7)(e) of this rule, conflict of interest situations include but are not
limited to:

(a)
License holders in a treatment role with two or more clients
who have a relationship with each other, and who are aware of each other's
participation in treatment (for example, couples and family members), shall
clarify with all parties and document the nature of one's professional
obligations to the various clients receiving services, including limits of
confidentiality and access to records.

(b)
License holders
in a treatment role with one or more adults involved in a contested parenting
time or custody dispute shall anticipate being asked to participate in
conflicting roles. License holders shall clarify and document as early as
feasible that his/her role is restricted to providing therapeutic services, and
shall take appropriate action to avoid role conflicts.

(c)
License holders
in a treatment role with one or more adults involved in a contested parenting
time or custody dispute shall not render verbal or written opinions to any
person or entity, including but not limited to the client, any court, attorney,
guardian ad litem, or other professional about a client's access or other
person's access to, or parenting time with, any child.

(d)
License holders
in a treatment role with one or more children shall not render verbal or
written opinions about any adult's access to or parenting time with the child
client(s).

(e)
In the absence of a preexisting relationship, license
holders may undertake roles specifically determined by a court or other
adjudicative body or child welfare agency (concerning, for example, parenting
coordination and family reunification), wherein rendering opinions and
recommendations about the client(s) to the adjudicative body may be necessary
and appropriate, if consistent with the parameters of a written order or
directive, and if the role of the license holder is established in written
informed consent procedures.

(f)
When there is a
conflict of interest between the client and the organization with which the
license holder is contracted, employed, or affiliated, the license holder shall
clarify the nature and direction of his/her loyalties and responsibilities and
shall keep all parties concerned informed of his/her
commitments.

(2)
Unforeseen multiple relationships. If a license holder
determines that, due to unforeseen factors, a prohibited multiple relationship
as defined in paragraph (E)(2) of this rule has inadvertently developed, he or
she shall take reasonable steps to resolve it with due regard for the welfare
of the person(s) with whom there is or was a professional psychological
role.

(a)
All
potential multiple relationships shall be discussed with the client as soon as
possible after being first recognized and shall continue only with both
parties'agreement.

(b)
License holders document the discovery of all multiple
relationships, with reasoning as to why it is in the best interest of the
client and/or not harmful to continue the professional
relationship.

(c)
As warranted, the presence of a multiple relationship
shall be reassessed and justified in the record. Issues such as informed
consent and professional consultation shall be considered and documented to
ensure that judgment is not impaired and that no exploitation of any person
occurs.

(3)
Sufficient
professional information. A license holder rendering a
formal professional opinion or recommendation about a person shall not do so
without substantial professional information within a clearly defined
role.

(a)
License holders clearly document written informed
consent, permission, or assent, as warranted by the circumstances, for
treatment or evaluation prior to proceeding with the provision of psychological
or school psychological services.

(b)
When a license
holder is in an individual treatment role, there may be reason for a third
party to join one or more sessions for a limited purpose. The license holder
shall document in the record that the client or legal guardian has acknowledged
understanding the purpose and need for the third party to be present and the
circumstances and extent to which confidential information may be disclosed to
the third party. The license holder shall document that the third party has
provided an understanding that the individual is not a client, that there is no
expectation of confidentiality between the license holder and the third party,
and that the third party shall not have rights to access any part of the
client's file (unless the client provides written authorization to release
specific confidential information). A license holder shall not render opinions
or recommendations to any person or entity, including but not limited to the
client, any court, attorney, guardian ad litem, or other professional
concerning such third parties.

(c)
The license
holder shall keep the client fully informed as to the purpose and nature of any
treatment or other procedures, and of the person's right to freedom of choice
regarding services offered. A license holder shall give a truthful,
understandable, and reasonably complete account of a client's condition to the
client or to those legally responsible for the care of the client in accord
with informed consent processes.

(d)
When a court or
other adjudicative body orders an evaluation, assessment or intervention, the
license holder shall document and inform the evaluee(s) or client(s) of the
parameters of the court order and shall not provide services or opinions beyond
the parameters of the order.

(e)
When a license
holder provides services to two or more clients who have a relationship with
each other and who are aware of each other's participation in treatment (for
example, couples and family members), the license holder shall clarify with all
parties and document the parties' understanding about how records of the
services will be maintained, who has access to the records, and any limits of
access to the records.

(5)
Dependency. Due to
an inherently influential position, a
license holder shall not exploit the trust or
dependency of any client, supervisee, evaluee or other person with whom there
is a professional psychological role, as that term is defined in paragraph
(R) of
rule 4732-3-01 of the Administrative
Code.

(6)
Media.
Psychological services for the purpose of diagnosis, treatment, or personalized
advice shall be provided only in the context of a professional relationship,
and shall not be given by means of public lectures or demonstrations,
newspaper or magazine articles, radio
or television programs, or similar media.

(7)
Stereotypes. A license holder shall not impose on a client any
stereotypes of behavior, values, or roles related to age, gender, religion,
race, disability, nationality, or sexual orientation that would interfere with
the objective provision of psychological services to the client.

(8)
Termination/alternatives. A
license holder shall terminate a professional
relationship when it is reasonably clear that the client is not benefiting from
the relationship, and shall offer to help locate alternative sources of
professional services or assistance if indicated.

(9)
Referral. A license holder shall make an appropriate referral
of a client to another professional when requested to do so by the
client.

(10)
Continuity of care. A
license holder shall make arrangements for
another appropriate professional or professionals to deal with the emergency
needs of his/her clients, as appropriate, during periods of foreseeable absence
from professional availability.

(a)
A license holder
makes reasonable efforts to plan for continuity of care in the event that
psychological services are interrupted by factors such as the license holder's
illness, unavailability, relocation, or death, or the client's relocation or
financial limitations.

(b)
A
license holder entering into employment or
contractual relationships shall make reasonable efforts to provide for orderly
and appropriate resolution of responsibility for client care in the event that
the employment or contractual relationship ends, with paramount consideration
being given to the welfare of the client. A license holder who serves as an employer of other
license holders has an obligation to make similar
appropriate arrangements.

(12)
Practicing while impaired. A
license holder shall not undertake or continue a
professional psychological role when the judgment, competence, and/or
objectivity of the license holder is impaired
due to mental, emotional, physiological, pharmacological, or
substance abuse conditions. If impaired judgment,
competence, and/or objectivity develops after a professional role has been
initiated, the license holder shall terminate the
professional role in an appropriate manner, shall notify the client
and/or other relevant parties of the termination
in writing, and shall assist the client, supervisee, or evaluee in obtaining
appropriate services from another appropriate professional.

(a)
All financial arrangements shall be
documented and made clear to each client in
advance of billing, preferably within the initial session but no later than the
end of the second session, unless such disclosure is contraindicated in the
professional judgment of the licensee. In the event that disclosure is not made
by the end of the second session, the license holder
bears the burden of demonstrating that disclosure was
contraindicated and that the client was not harmed as a result of
non-disclosure.

(b)
A
license holder shall not mislead or withhold from
any client, prospective client, or third-party payer, information about the
cost of his/her professional services.

(c)
A license holder
shall not exploit a client or responsible payer by charging a fee that is
excessive for the services performed or by entering into an exploitative
bartering arrangement in lieu of a fee.

(d)
The primary obligation of a
license holder employed by an institution,
agency, or school is to persons entitled to his/her services through the
institution, agency, or school. A license holder shall
not accept a private fee or any other form of remuneration from such persons
unless the policies of a particular institution, agency or school make explicit
provision for private work with its clients by members of its staff. In such
instances the client or guardian shall be fully apprised of available services
and all policies affecting him/her, prior to entering into a private
professional relationship with a license
holder.

(e)
A
license holder, when providing services to a pool
of subscribers through a third-party payer capitation, or variation of
capitation, reimbursement arrangement, who is thus being paid on other than a
strictly fee-for-service basis, shall disclose that information in writing to
each client member of the subscriber pool at the beginning of the professional
relationship with the client member. The written disclosure shall describe the
nature of the reimbursement arrangement including that the third-party payer
has established a set dollar amount that the license holder will be paid regardless of the
cost or frequency of the services provided to the members of the subscriber
pool.

(a)
A license holder
shall neither derive nor solicit any form of monetary profit or personal gain
as a result of his/her professional relationship with clients or immediate
ex-clients, beyond the payment of fees for psychological services rendered.
However, unsolicited token gifts from a client are permissible.

(b)
A license holder
shall not use his/her professional relationship with clients or immediate
ex-clients to derive personal gain, other than through fees for professional
services, for himself/herself, or for any other person, or for any organization
from the sale or promotion of a non psychology-related product or
service.

(c)
A
license holder shall neither give nor receive any
commission, rebate, or other form of remuneration for referral of a client for
professional services, without full disclosure in advance to the client of the
terms of such an agreement.

(d)
A
license holder shall not bill for services that
are not rendered. However, he/she may bill for missed appointments that the
client did not cancel in advance, if this is part of the financial arrangements
made in accordance with paragraph (D)(1)(a) of this rule.

(E)
Multiple relationships. A
multiple relationship exists when a license holder is in
a professional psychological role pursuant to paragraph
(R) of
rule 4732-3-01 of the Administrative
Code and is in another relationship with the same person or entity or with an
individual closely associated with the person or entity. Depending on the
timing and nature of one's interactions before or after the establishment of a
professional psychological role, multiple relationships can result in
exploitation of others, impaired judgment by clients, supervisees and evaluees,
and/or impaired judgment, competence and objectivity of the psychologist or
school psychologist. Psychologists and school psychologists actively identify
and manage interpersonal boundaries to ensure that there is no exploitation of
others and that professional judgment, competence, and objectivity within one's
professional psychological roles are not compromised.

(1)
In some communities and situations,
unavoidable interpersonal contacts can occur due to cultural, linguistic, or
geographical considerations. For purposes of this rule, incidental contacts in
the personal life of a license holder with persons
with whom there is or was a professional psychological role are not
relationships. Nothing in this rule shall be construed to mean that a
license holder is prohibited from undertaking a
professional psychological role in an emergency situation, including effecting
an appropriate referral when necessary to foster the welfare of
others.

(i)
Undertake a professional
psychological role with persons with whom he/she has engaged in sexual
intercourse or other sexual intimacies; or

(ii)
Undertake a professional psychological
role with persons with whom he/she has had a familial, personal, social,
supervisory, employment, or other relationship, and the professional
psychological role results in: exploitation of the person; or, impaired
judgment, competence, and/or objectivity in the performance of one's functions
as a license holder.

(i)
Engage in sexual intercourse
or other sexual intimacies; or, verbal or nonverbal conduct that is sexual in
nature with any current client, supervisee, evaluee, or with any person closely
associated with a current client, supervisee, or evaluee; or

(ii)
Establish any personal, financial,
employment, or other relationship with any current client, supervisee, or
evaluee, or with any individual closely associated with a current client,
supervisee, or evaluee and the multiple relationship results in:
exploitation of the person; or, impaired judgment, competence, and/or
objectivity in the performance of one's functions as a
license holder.

(i)
Engage in sexual intercourse or
other sexual intimacies; or, verbal or nonverbal conduct that is sexual in
nature with any person with whom there has been a professional psychological
role at any time within the previous twenty-four months; or

(ii)
Enter into any personal, financial,
employment or other relationship (other than reestablishing a professional
psychological role) with any person with whom there has been a professional
psychological role at any time within the previous twenty-four months and the
multiple relationship results in: exploitation of
the person; or, impaired judgment, competence, and/or objectivity in the
performance of one's functions as a psychologist or school
psychologist.

(d)
A
license holder shall not terminate or interrupt a
professional role with any person for the purpose, expressed or implied, of
entering into a sexual, personal, or financial relationship with that person or
any individual closely associated with that person.

(e)
The prohibitions established in
paragraphs (E)(2)(b) and (E)(2)(c) of this rule extend indefinitely beyond
twenty-four months after termination of the professional role if the person,
secondary to emotional, mental, or cognitive impairment, remains vulnerable to
exploitative influence.

(a)
A license holder
shall treat the results or interpretations of assessment regarding an
individual as confidential information.

(b)
A license holder
shall accompany communication of results of assessment procedures to a client,
or the parents, legal guardians, or other agents of the client with adequate
interpretive aids or explanations in language these persons can
understand.

(c)
A
license holder shall include in his/her report of
the results of a test or assessment procedures any reservations regarding the
possible inappropriateness of the test for the person assessed.

(d)
A license holder
offering an assessment procedure or automated interpretation service to other
professionals shall accompany this offering with a manual or other printed
material that fully describes the development of the assessment procedure or
service, its rationale, evidence of validity and reliability, and
characteristics of the normative population. A license holder shall explicitly state the purpose
and application for which the procedure is recommended and identify special
qualifications required to administer and interpret it properly. A
license holder shall ensure that any
advertisements for the assessment procedure or interpretive service are factual
and descriptive. Such services are to be considered as a
professional-to-professional consultation. A license holder shall make and document reasonable efforts
to avoid misuse of such assessment reports.

(e)
Psychologists shall not
prepare personnel reports and recommendations based on test data secured
solely by mail , unless such
appraisals are an integral part of a continuing client relationship with a
company, as a result of which the consulting psychologist has intimate
knowledge of the client's personnel situation and can be assured thereby that
his/her written appraisals will be adequate to the purpose and will be properly
interpreted by the client. These reports shall not be
embellished with such comprehensive analyses of the subject's personality
traits as would be appropriate only after intensive interviews with the
subject.

(f)
A
license holder shall choose only appropriate
tests and give them only for a justifiable purpose to the benefit of a
client.

(2)
Test
security. Psychological tests and other assessment devices shall not be
reproduced or described in popular publications in ways that might invalidate
the techniques. Test materials means manuals, instruments, protocols, and test
questions or stimuli and does not include test data except as specified in
paragraph (F)(3)(a) of rule
4732-17-01 of the Administrative
Code. License holders make
reasonable efforts to maintain the integrity and security of test materials and
other assessment techniques consistent with law and contractual obligations.
Access to such devices is limited to persons with professional interests who
will safeguard their use.

(a)
Sample items
made up to resemble those of tests being discussed may be reproduced in popular
articles and elsewhere, but scorable tests and actual test items shall not be
reproduced except in professional publications.

(b)
A license holder is
responsible for the security of psychologist tests and other devices and
procedures used for instructional purposes.

(c)
License holders
shall not permit inadequately supervised use of psychological tests or
assessment measures unless the measure is designed, intended, and validated for
self-administration and self-administration is supported by the instructions of
the test publisher.

(a)
Test scores, like test materials, may be
released to another person or an organization only in a manner that adheres to
the client's rights to confidentiality as set forth in paragraph (G) of this
rule.

(b)
Test results or other
assessment data used for evaluation or classification are communicated to
employers, relatives, or other appropriate persons in such a manner as to guard
against misinterpretation or misuse. License holders
when interpreting and communicating assessment results take into account the
purpose of the assessment as well as various test factors, test-taking
abilities, and other characteristics of the person being assessed, such as
situational, personal, linguistic, and cultural differences, that might affect
professional judgments or reduce the accuracy of interpretations, and
significant limitations of interpretations are indicated.

(c)
A license holder
always respects the client's or guardian's right to know the results, the
interpretations made, his/her conclusions, and the bases for his/her
recommendations. When a license holder provides verbal
communication of assessment results in the absence of a written report, this
event shall be documented in the client record.

(1)
Confidential information is information
revealed by an individual or individuals or otherwise obtained by a
license holder, when there is
a reasonable expectation that it was revealed or
obtained as a result of the professional relationship between the individual(s)
and the license holder. Such information is not to be
disclosed by the license holder without the
informed consent of the individual(s).

(a)
When rendering psychological services as part of a team or when interacting
with other appropriate professionals concerning the welfare of a client, a
license holder may share confidential information
about the client provided that reasonable steps are taken to ensure that all
persons receiving the information are informed about the confidential nature of
the information being shared and agree to abide by the rules of
confidentiality.

(b)
When any case
report or other confidential information is used as the basis of teaching,
research, or other published reports, a license holder
shall exercise reasonable care to ensure that the reported material is
appropriately disguised to prevent client or subject identification.

(c)
A license holder
shall ensure that no diagnostic interview or therapeutic sessions with a client
are observed or electronically recorded without first informing the client or
the client's guardian obtaining and
documenting written consent from same.

(d)
A license holder
shall limit access to client records and shall ensure that all persons working
under his/her authority comply with the requirements for confidentiality of
client material.

(e)
A
license holder shall continue to treat all
information regarding a client as confidential after the professional
relationship between the psychologist or school psychologist and the client has
ceased.

(f)
In a situation in which
more than one party has an appropriate interest in the professional services
rendered by a license holder to a client,
the license holder shall, to the extent possible,
clarify to all parties the dimensions of confidentiality and professional
responsibility that shall pertain in the rendering of services.

(i)
Such clarification is specifically
indicated, among other circumstances, when the client is an organization or
when the client has been referred by a third party.

(ii)
In accord with paragraphs (C)(3) and
(F)(3)(c) of this rule, a license holder shall
clarify with the individual receiving services because of a third-party
referral whether, and under what conditions-including costs, information or
feedback will be provided to the individual receiving those psychological
services.

(2)
Protecting confidentiality of clients. In accordance with section
4732.19 of the Revised Code, the
confidential relations and communications between license holders and clients are placed under the
same umbrella of a privilege as those between physician and patient under
division (B) of section
2317.02 of the Revised Code. The
privilege is intended to protect the interest of the client by encouraging free
disclosure to the license
holder and by preventing such free disclosure to others. Thus, the client
rather than the license
holder holds and may assert the privilege.

(a)
A license holder
shall not testify concerning a communication made to him/her by a client. The
license holder may testify by express consent of
the client or legal guardian or, if the client is deceased, by the express
consent of the surviving spouse or the executor or administrator of the estate
of such deceased client. If the client voluntarily testifies, the
license holder may be compelled to testify on the same
subject; or if the client, the executor or administrator files a claim against
the license holder, such filing shall constitute a
waiver of the privilege with regard to the
services about
which complaint is made.

(b)
Court
decisions construing the scope of the physician-patient privilege, pursuant to
section 2317.02 of the Revised Code, are
applicable to this privilege between the license holder and the client.

(c)
A license holder
may disclose confidential information without the informed written consent of a
client when the license holder judges that
disclosure is necessary to protect against a clear and substantial risk of
imminent serious harm being inflicted by the client on himself/herself or on
another person. In such case, the license holder may
disclose the confidential information only to appropriate public authorities,
the potential victim, professional workers, and/or the family of the
client.

(d)
A
license holder shall safeguard the confidential
information obtained in the course of practice, teaching, research, or other
professional duties. With the exceptions as required or permitted by statute, a
license holder shall disclose confidential
information to others only with the informed written consent of the
client.

(e)
At the beginning of a
professional relationship a license holder shall inform
his/her client of the legal limits of confidentiality. To the extent that the
client can understand, the license holder shall inform
a client who is below the age of majority or who has a legal guardian of the
limit the law imposes on the right of confidentiality. When services are
provided to more than one patient or client during a joint session (for example
to a family or couple, or parent and child, or group), a
license holder shall, at the beginning of the
professional relationship, clarify to all parties the limits of
confidentiality.

(f)
Minor clients who are offered privacy as a means of
facilitating free disclosure of information shall be told by the license holder
that the parent(s) and/or guardian(s) have a right to access their records,
unless otherwise prohibited by court order, statute, or rule. The license
holder shall document in the record this disclosure to the minor
client.

(g)
A license holder may
release confidential information upon court order or to conform with state or
federal laws, rules, or regulations.

(h)
A
license holder shall be familiar with any
relevant law concerning the reporting of abuse of children or vulnerable
adults.

(1)
Limits on practice. A
license holder shall limit his/her professional
practice to those specialty areas in which competence has been gained through
education, training, and experience. If important aspects of the client's
problem fall outside the boundaries of competence, then the
license holder assists his/her client in
obtaining additional professional help.

(2)
Specialty standard of care. A
license holder shall exercise sound judgment and
care in determining what constitutes his/her area(s) of competence. A guiding
principle is that one who undertakes practice in a given specialty area will be
held to the standard of care within that specialty while he/she is practicing
in that area.

(3)
Maintaining
competency. A license holder shall
maintain current competency in the areas in which he/she practices, through
continuing education, consultation, and/or other training, in conformance with
current standards of scientific and professional knowledge.

(4)
Adding new services and techniques. A
license holder, when developing competency in a
new area or in a new service or technique, shall engage in ongoing consultation
with other psychologists, school psychologists, or appropriate professionals
and shall seek continuing education in the new area, service or technique. A
license holder shall inform any client whose
treatment will involve a newly developing service or technique of its
innovative nature and the known risks concerning those services
and shall document informed consent provided by the
client or legal guardian.

(5)
Limits on practice under school psychologist license. A school psychologist who
does not hold a psychologist license shall not practice beyond the scope of the
school psychologist license, as defined in division (E) of section
4732.01 of the Revised
Code.

(6)
Referrals. A
license holder shall make or recommend referral
to other professional, technical, or administrative resources when such
referral is in the best interests of the client.

(7)
Interprofessional relations. A
license holder shall neither establish nor offer
to establish a continuing treatment relationship with a person receiving
mental health services from another professional,
except with the knowledge of the other professional or after the termination of
the client's relationship with the other professional.

(1)
"Telepsychology" means the practice of
psychology or school psychology as those terms are defined in divisions (B) and
(E) of section 4732.01 of the Revised Code,
including psychological and school psychological supervision, by distance
communication technology such as but not necessarily limited to telephone,
email, Internet-based communications, and videoconferencing.

(2)
In order to practice telepsychology in
the state of Ohio one must hold a current, valid license issued by the Ohio
board of psychology or shall be a registered supervisee of a licensee being
delegated telepsychology practices in compliance with paragraphs (B) and (C) of
rule 4732-13-04 of the Administrative
Code.

(3)
License
holders understand that this rule does not provide licensees with
authority to practice telepsychology in service to clients domiciled in any
jurisdiction other than Ohio, and licensees bear responsibility for complying
with laws, rules, and/or policies for the practice of telepsychology set forth
by other jurisdictional boards of psychology.

(4)
License
holders practicing telepsychology shall comply with all of these rules of
professional conduct and with requirements incurred in state and federal
statutes relevant to the practice of psychology and school
psychology.

(5)
License
holders shall establish and maintain current competence in the
professional practice of telepsychology through continuing education,
consultation, or other procedures, in conformance with prevailing standards of
scientific and professional knowledge. License holders
shall establish and maintain competence in the appropriate use of the
information technologies utilized in the practice of telepsychology.

(6)
License
holders recognize that telepsychology is not appropriate for all
psychological problems and clients, and decisions regarding the appropriate use
of telepsychology are made on a case-by-case basis. License
holders practicing telepsychology are aware of additional risks incurred
when practicing psychology or school psychology through the use of distance
communication technologies and take special care to conduct their professional
practice in a manner that protects the welfare of the client and ensures that
the client's welfare is paramount. License
holders practicing telepsychology shall:

(i)
Whether the
client's presenting problems and apparent condition are consistent with the use
of telepsychology to the client's benefit; and

(ii)
Whether the client has sufficient
knowledge and skills in the use of the technology involved in rendering the
service or can use a personal aid or assistive device to benefit from the
service.

(b)
Not provide
telepsychology services to any person or persons when the outcome of the
analysis required in paragraphs (I)(6)(a)(i) and (I)(a)(ii) of this rule is
inconsistent with the delivery of telepsychology services, whether related to
clinical or technological issues.

(c)
Upon initial and subsequent contacts with
the client, make reasonable efforts to verify the identity of the
client;

(e)
Provide to the client alternative means of contacting the licensee;

(f)
Establish a written agreement relative to
the client's access to face-to-face emergency services in the client's
geographical area, in instances such as, but not necessarily limited to, the
client experiencing a suicidal or homicidal crisis;

(g)
Licensees, whenever feasible, use secure
communications with clients, such as encrypted text messages via email or
secure websites and obtain and document consent for the use of non-secure
communications.

(h)
Prior to
providing telepsychology services, obtain the written informed consent of the
client, in language that is likely to be understood and consistent with
accepted professional and legal requirements, relative to:

(i)
The limitations and innovative nature of
using distance technology in the provision of psychological or school
psychological services;

(ii)
Potential risks to confidentiality of information due to the use of distance
technology;

(iii)
Potential risks
of sudden and unpredictable disruption of telepsychology services and how an
alternative means of re-establishing electronic or other connection will be
used under such circumstances;

(iv)
When and how the licensee will respond to routine electronic
messages;

(v)
Under what
circumstances the licensee and service recipient will use alternative means of
communications under emergency circumstances;

(vi)
Who else may have access to
communications between the client and the licensee;

(vii)
Specific methods for ensuring that a
client's electronic communications are directed only to the licensee or
supervisee;

(viii)
How the licensee
stores electronic communications exchanged with the client;

(1)
Violation of applicable statutes. A
license holder shall not violate any applicable
statute or administrative rule regulating the practice of psychology or school
psychology.

(2)
Use of fraud,
misrepresentation, or deception. A license holder shall
not use fraud, misrepresentation, or deception in obtaining a psychology or
school psychology license, in taking a psychology or school psychology
licensing examination, in assisting another to obtain a psychology or school
psychology license or to take a psychology or school psychology licensing
examination, in billing clients or third-party payers, in providing
psychological or school psychological services, in reporting the results of
those services, or in conducting any other activity related to the practice of
psychology or school psychology.

(1)
Aiding unauthorized practice. A
license holder shall not aid or abet another
person in misrepresenting his/her professional credentials or in illegally
engaging in the practice of psychology or school psychology.

(2)
Delegating professional responsibility. A
license holder shall not delegate professional
responsibilities to a person not qualified and/or not appropriately
credentialed to provide such services.

(3)
Providing supervision. A
license holder shall exercise appropriate
supervision over supervisees, as set forth in the rules of the board.

(4)
Reporting of violations to board. A
license holder who has substantial reason to
believe that another license holder or psychological or school
psychological supervisee has committed an apparent violation of the statutes or
rules of the board that has substantially harmed or is likely to substantially
harm a person or organization shall so inform the board in writing; however,
when the information regarding such violation is obtained in a professional
relationship with a client, the license holder shall
report it only with the written permission of the client. Under such
circumstances the license holder shall advise
the client of the name, address, and telephone number of the state board of
psychology and of the client's right to file a complaint. The
license holder shall make reasonable efforts to
guide and/or facilitate the client in the complaint process as needed or
requested by the client. Nothing in this rule shall relieve a
license holder from the duty to file any report
required by applicable statutes.

(L)
Supervision. Rules
4732-13-01,
4732-13-02,
4732-13-03, and
4732-13-04 of the Administrative
Code, pertaining to supervision of persons performing psychological or school
psychological work, shall be considered as a part of these rules of
professional conduct.

(1)
"Interscholastic athletics" means an interscholastic extracurricular activity
that a school district sponsors or participates in that includes participants
from more than one school or school district.

(2)
"Youth sports
organization" has the same meaning as in section
3707.51 of the Revised Code and
means a public or nonpublic entity that organizes an athletic activity in which
the athletes are not more than nineteen years of age and are required to pay a
fee to participate in the athletic activity or whose cost to participate is
sponsored by a business or nonprofit organization.

(3)
"Youth" means an
individual between the ages of four and nineteen who participated in
interscholastic athletics or in a youth sports organization activity and was
removed from practice or competition under division (D) of section
3707.511 of the Revised Code or
division (D) of section
3313.539 of the Revised Code,
based on exhibiting signs, symptoms, or behaviors consistent with having
sustained a concussion or other brain injury while participating in practice or
competition.

(4)
"Physician" means a person authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or osteopathic
medicine and surgery.

(5)
"Zurich guidelines" means the consensus statement on
concussion in sport: The 4th international conference on concussion in sport
held in Zurich, November 2012.

(B)
Psychologists
may assess and clear a youth to return to practice or competition if the
following requirements are met:

(1)
The psychologist has education, training and
experience specific to concussion identification, the clinical features of
concussion, assessment including neuropsychological testing and test
interpretation, sports concussion management, and the principles of safe return
to play protocols consistent with the Zurich guidelines or subsequent updated
consensus statements published following future meetings of the international
conference on concussion in sport; and

(2)
The psychologist
maintains competence to assess and clear youth in accordance with this rule
through consultation, peer supervision and/or continuing education activities
in the areas of concussion identification, the clinical features of concussion,
assessment including neuropsychological testing and test interpretation, sports
concussion management, and the principles of safe return to play protocols
consistent with the Zurich guidelines or subsequent updated consensus
statements published following future meetings of the international conference
on concussion in sport; and

(3)
Pursuant to
sections 3313.539 and
3707.511 of the Revised Code,
assessments and clearances are done pursuant to a referral from or in
consultation or collaboration with a physician.

(C)
The board
recommends that psychologists who conduct concussion assessments and
return-to-play clearances of youth in accordance with this rule do both of the
following:

(1)
Ensure that a portion of the continuing education requirements for biennial
license registration enumerated in section
4732.141 of the Revised Code
include instruction in one or more of the areas listed in paragraph (B)(1) of
this rule.

(2)
Use the medical return to play after suspected
concussion form located on the Ohio department of health website at
http://healthy.ohio.gov.vipp/concussion.aspx (March 2015).

(A)
Institutional
approval. When institutional approval is required, license holders provide
accurate information about their research proposals and obtain approval prior
to conducting the research. They conduct the research in accordance with the
approved research protocol.

(2)
The services that will or will not be available to the
control group(s) if appropriate;

(3)
The means by
which assignment to treatment and control groups will be made;

(4)
Available
treatment alternatives if an individual does not wish to participate in the
research or wishes to withdraw once a study has begun; and

(5)
Compensation for
or monetary costs of participating including, if appropriate, whether
reimbursement from the participant or a third-party payor will be
sought.

(D)
Informed consent for recording voices and images in
research. License holders obtain informed consent from research participants
prior to recording their voices or images for data collection unless:

(1)
The research
consists solely of naturalistic observations in public places, and it is not
anticipated that the recording will be used in a manner that could cause
personal identification or harm; or

(2)
The research
design includes deception, and consent for the use of the recording is obtained
during debriefing.

(1)
When license
holders conduct research with clients/patients, students, or subordinates as
participants, license holders take steps to protect the prospective
participants from adverse consequences of declining or withdrawing from
participation;

(2)
When research participation is a course requirement or
an opportunity for extra credit, the prospective participant is given the
choice of equitable alternative activities.

(F)
Dispensing with
informed consent for research. License holders may dispense with informed
consent only where research would not reasonably be assumed to create distress
or harm and involves :

(2)
Only anonymous questionnaires, naturalistic
observations, or archival research for which disclosure of responses would not
place participants at risk of criminal or civil liability or damage their
financial standing, employability, or reputation, and confidentiality is
protected; or

(3)
The study of factors related to job or organization
effectiveness conducted in organizational settings for which there is no risk
to participants' employability, and confidentiality is protected;
or

(4)
Where otherwise permitted by law or federal or
institutional regulations.

(1)
License holders
make reasonable efforts to avoid offering excessive or inappropriate financial
or other inducements for research participation when such inducements are
likely to coerce participation;

(2)
When offering
professional services as an inducement for research participation, license
holders clarify the nature of the services, as well as the risks, obligations,
and limitations.

(1)
License holders do not conduct a study involving deception unless they have
determined that the use of deceptive techniques is justified by the study's
significant prospective scientific, educational, or applied value and that
effective non-deceptive alternative procedures are not
feasible;

(2)
License holders do not deceive prospective participants
about research that is reasonably expected to cause physical pain or severe
emotional distress;

(3)
License holders explain any deception that is an
integral feature of the design and conduct of an experiment to participants as
early as is feasible, preferably at the conclusion of their participation, but
no later than at the conclusion of the data collection, and permit participants
to withdraw their data.

(1)
License holders
provide a prompt opportunity for participants to obtain appropriate information
about the nature, results, and conclusions of the research, and they take
reasonable steps to correct any misconceptions that participants may have of
which the license holders are aware;

(2)
If scientific or
humane values justify delaying or withholding this information, license holders
take reasonable measures to reduce the risk of harm; and

(3)
When license
holders become aware that research procedures have harmed a participant, they
take reasonable steps to minimize the harm.

(1)
License holders acquire, care for, use, and dispose of
animals in compliance with current federal, state, and local laws and
regulations, and with professional standards;

(2)
License holders
trained in research methods and experienced in the care of laboratory animals
supervise all procedures involving animals and are responsible for ensuring
appropriate consideration of their comfort, health, and humane
treatment;

(3)
License holders ensure that all individuals under their
supervision who are using animals have received instruction in research methods
and in the care, maintenance, and handling of the species being used, to the
extent appropriate to their role;

(5)
License holders use a procedure subjecting animals to
pain, stress, or privation only when an alternative procedure is unavailable
and the goal is justified by its prospective scientific, educational, or
applied value;

(6)
License holders perform surgical procedures under
appropriate anesthesia and follow techniques to avoid infection and minimize
pain during and after surgery;

(7)
When it is
appropriate that an animal's life be terminated, license holders proceed
rapidly, with an effort to minimize pain and in accordance with accepted
procedures;

(2)
If license holders discover significant errors in their
published data, they take reasonable steps to correct such errors in a
correction, retraction, erratum, or other appropriate publication
means.

(L)
Plagiarism. License holders do not present portions of
another's work or data as their own, even if the other work or data source is
cited occasionally.

(1)
License holders
take responsibility and credit, including authorship credit, only for work they
have actually performed or to which they have substantially
contributed;

(2)
Principal authorship and other publication credits
accurately reflect the relative scientific or professional contributions of the
individuals involved, regardless of their relative status. Mere possession of
an institutional position, such as department chair, does not justify
authorship credit. Minor contributions to the research or to the writing for
publications are acknowledged appropriately, such as in footnotes or in an
introductory statement.

(3)
Except under exceptional circumstances, a student is
listed as principal author on any multiple-authored article that is
substantially based on the student's doctoral dissertation. Faculty advisors
discuss publication credit with students as early as feasible and throughout
the research and publication process as appropriate.

(N)
Duplicate
publication of data. License holders do not publish, as original data, data
that have been previously published. This does not preclude republishing data
when they are accompanied by proper acknowledgment.

(1)
After research results are published, license holders
do not withhold the data on which their conclusions are based from other
competent professionals who seek to verify the substantive claims through
reanalysis and who intend to use such data only for that purpose provided that
the confidentiality of the participants can be protected and unless legal
rights concerning proprietary data preclude their release. This does not
preclude license holders from requiring that such individuals or groups be
responsible for costs associated with the provision of such
information;

(2)
License holders who request data from other license
holders to verify the substantive claims through reanalysis may use shared data
only for the declared purpose. Requesting license holders obtain prior written
agreement for all other uses of the data.

(P)
Reviewers.
License holders who review material submitted for presentation, publication,
grant, or research proposal review respect the confidentiality of and the
proprietary rights in such information of those who submitted
it.

(A)
In accordance with section
4732.17 of the Revised Code,
after considering charges filed by the secretary and after providing a hearing
in accordance with Chapter 119. of the Revised Code, the board may refuse to
issue a license to any applicant, including any person whose license
has expired, placed in retired status, or
has been revoked or suspended, or may issue a
reprimand, or suspend or revoke the license of any licensed psychologist or
licensed school psychologist, on any of the grounds enumerated in division (A) of section
4732.17 of the Revised
Code.

(B)
Notice
and hearing requirements incident to the revocation, suspension, or refusal to
issue, reinstate, or renew a license to practice psychology or school
psychology, or incident to the reprimand of a licensee, as described in
paragraph (A) of this rule, shall be in compliance with the provisions of
Chapters 119. and 4732. of the Revised Code, including the following:

(1)
Notice of opportunity. Notice shall be
given to the licensee or applicant for licensure by certified mail of the right
to a hearing on the question of whether or not the license should be revoked,
suspended, not reinstated, or denied, or whether, if a licensee, he/she should
be reprimanded;

(2)
Charges. The
notice shall include the charges or other reasons for such proposed action, the
law(s) and/or rule(s) directly involved, and a statement informing the licensee
or applicant for licensure that he/she is entitled to a hearing, if it is
requested within thirty days after the date of mailing the notice.

(3)
Representation. The notice shall also
inform the licensee or applicant for licensure that at the hearing he/she may
appear in person, or be represented by his/her attorney, or may present his/her
position, arguments, or contentions in writing and that at the hearing he/she
may present evidence and examine witnesses appearing for and against
him/her;

(4)
Hearing date. Whenever
a licensee or applicant for licensure requests a hearing, the board shall
immediately set the date, time, and place for such hearing and forthwith notify
the licensee or applicant for licensure thereof. The date set for such hearing
shall be within fifteen days, but not earlier than seven days, after the
licensee or applicant for licensure has requested a hearing, unless otherwise
agreed to by both the board and the licensee or applicant for licensure.
However, the board may postpone or continue any adjudication hearing upon the
application of any party or upon its own motion;

(5)
Hearing. The board may empower any one or
more of its members to conduct any proceeding, hearing, or investigation
necessary to its purposes;

(6)
Appeal. Any party adversely affected by any order of the board issued pursuant
to an adjudication hearing may appeal from the order of the board to the court
of common pleas of the county in which the place of business of the licensee or
applicant for licensure is located or the county in which the licensee or
applicant for licensure is a resident. If any such party is not a resident of
and has no place of business in Ohio, he/she may appeal to the court of common
pleas of Franklin county, Ohio. Any party desiring to appeal shall file a
notice of appeal with the board setting forth the order appealed from and the
grounds of the appeal. A copy of such notice of appeal shall also be filed by
appellant with the court. Such notices of appeal shall be filed within fifteen
days after the mailing of the notice of the board's order.

(C)
If the board receives notice pursuant to
section 2301.373 of the Revised Code, effective November 15, 1996, that an
individual is in default under a child support order, the board will refuse to
issue or renew any license for that individual and will suspend any current
license of that individual as required by that section. The board need
determine only that the individual named in the notice received pursuant to
section 2301.373 of the Revised Code is the same individual applying for
issuance or renewal of a license or holding a current license. The procedures
applicable to refusal to issue or renew a license or suspend a license pursuant
to section 2301.373 of the Revised Code shall be governed only by that section
and, therefore, are not subject to the procedures set forth in Chapter 119. or
section 4732.17 of the Revised Code, or
paragraphs (A) and/or (B) of this rule.

(a)
Any representative of record may serve
upon the opposing representative of record a written request for a list of both
the witnesses and the documents intended to be introduced at hearing. All lists
requested under this rule shall be exchanged no later than seven days prior to
the commencement of the administrative hearing.

(b)
Failure without good cause to comply with
paragraph (A) of this rule may result in exclusion from the hearing of such
testimony or documents, upon motion of the representative to whom disclosure is
refused.

(a)
At any time prior to hearing,
the attorney hearing examiner or presiding board member may direct
participation by the representatives of record in a prehearing conference. Such
conference may be initiated by the attorney hearing examiner, by the board, or
upon motion of either representative.

(vi)
Discussion of any
other matters tending to expedite the proceedings.

(c)
All representatives of record shall
attend the prehearing conference fully prepared to discuss the items enumerated
in paragraph (B) of this rule.

(d)
Procedural orders may be issued by the attorney hearing examiner or presiding
board member based upon information obtained at a prehearing
conference.

(3)
Requirements for pre-hearing exchange of information. The hearing examiner or
presiding board member shall, upon written motion of any representative of a
party, issue an order setting forth a schedule by which the parties shall
exchange hearing exhibits, identify lay and expert witnesses and exchange
written reports from expert witnesses. Any written report by an expert required
to be exchanged shall set forth the opinions to which the expert will testify
and the bases for such opinions. The failure of a party to produce a written
report from an expert under the terms of the order shall result in the
exclusion of that expert's testimony at hearing. The failure of a party to
produce an exhibit under the terms of the order shall result in the exclusion
of that exhibit from evidence. The failure of a party to identify a lay or
expert witness under the terms of the order may result in the exclusion of that
witness' testimony at hearing.

(4)
Status conference. With or without written motion from the representative of
any party, the attorney hearing examiner or presiding board member may convene
a status conference with representatives of the parties to address any matter
related to preparation for hearing or the conduct of a hearing. The hearing
examiner may issue such orders related to preparation for hearing and the
conduct of the hearing which in the judgment of the hearing examiner facilitate
the just and efficient disposition of the subject of the hearing.

(a)
Upon written motion of any
representative of record, and upon service of that motion to all other
representatives, the attorney hearing examiner may order that the testimony of
a prospective witness be taken by deposition under such conditions and terms as
specified in the order and that any designated books, papers, documents or
tangible objects, not privileged, be produced at the same time and place if it
appears probable that:

(i)
The prospective
witness will be unavailable to attend or will be prevented from attending a
hearing; and

(iii)
The testimony of the prospective
witness is necessary in order to prevent a failure of justice. In the case of
an expert witness, a showing of the unavailability of the expert shall not be
necessary for consideration of the motion of a representative to take a
deposition.

(b)
The
representatives shall agree to the time and place for taking the deposition in
lieu of live testimony. Depositions shall be conducted in the same county in
which the hearing is conducted unless otherwise agreed to by the
representatives. If the representatives are unable to agree, the attorney
hearing examiner or presiding board member shall set the time or fix the place
of deposition. At a deposition taken pursuant to this rule, representatives
shall have the right, as at hearing, to fully examine witnesses. The attorney
hearing examiner has the discretion to be present at the deposition in lieu of
testimony at hearing.

(c)
A
deposition taken under this rule shall be filed with the board not later than
one day prior to hearing, and may be offered into evidence at hearing by either
representative in lieu of the prospective witness' personal appearance. The
cost of preparing a transcript of any testimony taken by deposition in lieu of
live testimony which is offered as evidence at the hearing shall be borne by
the board. In the event of appeal, such costs shall be made a part of the cost
of the hearing record. The expense of any video deposition shall be borne by
the requestor.

(d)
Any deposition
or transcript of prior testimony of a witness may be used for the purpose of
refreshing the recollection, contradicting the testimony or impeaching the
credibility of that witness. If only a part of a deposition is offered into
evidence by a representative, the opposing representative may offer any other
part. Nothing in this paragraph shall be construed to permit the taking of
depositions for purposes other than those set forth in paragraph (A) of this
rule.

(e)
A transcript of testimony
and exhibits from a prior proceeding may be introduced for any purpose if that
prior proceeding forms the basis for the allegations in the current case. Upon
offering part of a transcript or exhibit from a prior proceeding, the offering
representative may be required by the opposing representative to present any
other part of the offered item which should in fairness be considered
contemporaneously with it.

(6)
Prior action by the board. The attorney
hearing examiner or presiding board member shall admit evidence of any prior
action entered by the state board of psychology against the
respondent.

(7)
Stipulation of
facts. Representatives of record may, by stipulation, agree on any or all facts
involved in proceedings before the attorney hearing examiner or presiding board
member. Thereafter the attorney hearing examiner or presiding board member may
require development of any fact deemed necessary for just
adjudication.

(b)
A witness may be
accompanied and advised by legal counsel. Participation by counsel for a
witness other than the respondent is limited to protection of that witness'
rights, and that legal counsel may neither examine nor cross-examine any
witnesses.

(c)
Should a witness
refuse to answer a question ruled proper at a hearing or disobey a subpoena,
the board may institute contempt proceedings pursuant to section
119.09 of the Revised
Code.

(d)
The presiding attorney
hearing examiner or any board member, because of his or
her duties, shall not be a competent witness nor subject to deposition in
any adjudication proceeding. Unless the testimony of a board member or an
attorney hearing examiner is material to the factual allegations set forth in
the notice of opportunity for hearing, board members and attorney hearing
examiners shall not be competent witnesses nor subject to deposition in any
adjudication proceeding. Evidence from other persons relating to the mental
processes of the presiding attorney hearing examiner or board members shall not
be admissible.

(e)
Any
representative of record may move for a separation of witnesses. Expert
witnesses shall not be separated.

(f)
Each representative of record shall
inform the attorney hearing examiner or presiding board member prior to the
commencement of a hearing of the identity of each potential witness for his
cause present in the hearing room. Failure to so identify potential witnesses
at this time may be grounds for their later disqualification as
witnesses.

(g)
No witnesses shall
be permitted to testify as to the nature, extent, or propriety of disciplinary
action to be taken by the board. A witness may, in the discretion of the
attorney hearing examiner or presiding board member, testify as to an ultimate
issue of fact.

(9)
Conviction of a crime. A certified copy of a plea of guilty to, or a judicial
finding of guilt of any crime in a court of competent jurisdiction is
conclusive proof of the commission of all of the elements of that
crime.

(10)
The "Ohio Rules of
Evidence" may be taken into consideration by the board or its attorney hearing
examiner in determining the admissibility of evidence, but shall not be
controlling. The attorney hearing examiner or presiding board member may permit
the use of electronic or photographic means for the presentation of
evidence.